Terms of Service

Last updated: July 31, 2026

Last updated: July 31, 2026.

These Terms of Service ("Terms") govern your access to and use of the EvaAI platform, website, and services ("Services"), operated by Gustavo Zermeno P., operating commercially as EvaAI, with domicile in Leon, Guanajuato, Mexico ("EvaAI," "we," "us").

By using our Services, you agree to these Terms. If you have questions, contact us at support@goeva.ai.

These Terms are available in English and Spanish. In case of conflict between language versions, the Spanish version shall prevail.

Contact: Message us on WhatsApp

1) Acceptance of Terms

By accessing or using EvaAI, you agree to be bound by these Terms, our Privacy Policy, and our Data Processing Agreement. If you do not agree, do not use our Services.

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organization.

2) Description of Services

EvaAI provides an AI-powered platform that enables businesses to deploy conversational AI agents across messaging channels including WhatsApp, Instagram, Messenger, and web chat.

Services include AI agent configuration and deployment, a built-in CRM with contacts, pipelines, and deals, campaign management, calendar scheduling, a knowledge base, multi-channel inbox, analytics, API access, and related functionality.

On our published plans, EvaAI does not guarantee any specific level of service availability. We use commercially reasonable efforts to maintain service uptime, but those plans carry no service level agreement (SLA) commitment.

The Empresa (Enterprise) tier is the exception: it is quoted rather than published, and where a signed agreement includes a service level agreement, that agreement's availability targets, response times and remedies govern and prevail over the preceding paragraph for that customer.

Planned maintenance windows will be communicated in advance when possible.

3) Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials.
You must provide accurate and complete information when creating an account.
You are responsible for all activities that occur under your account.
Notify us immediately at support@goeva.ai if you suspect unauthorized access to your account.

4) Acceptable Use

You agree not to use EvaAI to:

Violate any applicable laws, regulations, or third-party rights.
Send spam, unsolicited messages, or engage in abusive messaging practices.
Impersonate any person or entity or misrepresent your affiliation.
Transmit malware, viruses, or harmful code.
Interfere with or disrupt the integrity or performance of the Services.
Attempt to gain unauthorized access to our systems or networks.
Reverse engineer, decompile, or disassemble any part of the Services.
Use the Services for any illegal, harmful, or fraudulent purposes.
Use AI agents to generate deceptive, misleading, or illegal content.
Use AI agents to impersonate real individuals without their consent.

5) Messaging and Communication Compliance

You are responsible for ensuring your use of messaging channels complies with all applicable laws and platform policies. This includes but is not limited to:

Obtaining proper opt-in consent from end-users before sending messages. Purchased contact lists are not permitted.
Honoring opt-out and unsubscribe requests within 24 hours.
Complying with WhatsApp Business Policy, Meta Platform Terms, and Instagram policies at all times.
Ensuring all WhatsApp message templates are approved by Meta before use.
Respecting per-channel rate limits and not attempting to circumvent them.
Not sending bulk unsolicited messages through any channel connected to the Services.

Consequences of Messaging Violations

Violations of this section may result in graduated enforcement: a warning for first-time or minor violations, temporary suspension of messaging capabilities for repeated violations, and account termination for severe or persistent violations. EvaAI may terminate access immediately for severe violations without prior warning.

To report messaging abuse, contact abuse@goeva.ai.

6) Intellectual Property

EvaAI and its licensors retain all rights, title, and interest in the Services, including all intellectual property rights. You receive only a limited, non-exclusive, non-transferable license to use the Services as permitted by these Terms.

You retain ownership of your content and data. By using the Services, you grant us a limited license to process your data as necessary to provide the Services.

7) Payment, Billing, and Pricing

Accounts are opened with us. There is no public sign-up, free tier, or public trial today: the account, its plan and its setup service are agreed with EvaAI before the account exists, and the terms are accepted at that point.

Certain features require a paid subscription or written commercial agreement. Fees, included capacity, billing cadence, and any add-ons are defined in the proposal, order form, or account-specific billing terms agreed with the customer.

Unless otherwise agreed in writing, fees are denominated and billed in Mexican Pesos (MXN). You authorize us or our payment processor to charge the payment method on file for all applicable fees.

Subscriptions renew according to the cadence and renewal terms in the customer's commercial agreement unless canceled according to those terms.

Additional AI agents, CRM seats, message capacity, voice numbers, integrations, or services may be added only as reflected in the customer's agreed billing terms.

Failure to pay may result in suspension or termination of your account.

All fees are before applicable taxes (IVA) unless stated otherwise. Once you have entered your RFC and complete fiscal information in the platform's billing settings, the electronic invoice (CFDI) for your subscription is issued automatically every month with those details. While that fiscal profile is incomplete we cannot issue it, so the invoice waits until you complete it.

Automatic Charges and Dunning

For new subscriptions, payment by card with automatic renewal charges is the default. Other payment methods (such as bank transfer or cheque) are available only to eligible accounts as described in "Payment Methods" below; accounts already set up on those methods keep them.

If your account is on automatic card billing, you authorize us and our payment processor to charge the payment method on file on each renewal. If a charge fails, we automatically retry the payment over a period of approximately two weeks and send payment-failure notices by email to your account's billing contact.

If payment is not resolved once the retries are exhausted, we pause the service until payment is brought current. We do not notify, message, or otherwise involve your end-customers regarding your billing status.

Payment Methods

An eligible account, for the purposes of this section, is an account on a yearly plan, or an account whose signed commercial agreement states another payment method. Every other account bills by card.

Bank transfer via SPEI is available to eligible accounts. Payments made to the SPEI reference (CLABE) we provide through our payment processor are reconciled automatically.

Payments made by direct bank deposit require a valid transfer receipt (comprobante) showing the clave de rastreo. Before the payment is credited, we validate the receipt against Banco de México's CEP (Comprobante Electrónico de Pago) system; payments we cannot validate are not credited.

Cheque payments are credited only after the cheque has cleared.

Price Changes

We may update fees or commercial terms with at least 30 calendar days advance written notice to the email address associated with your account, unless a signed agreement states a different notice period. If you continue using the Services after the updated terms take effect, you accept the updated terms. If you do not agree, you may cancel before the effective date according to your agreement.

Eva Pay Payment Links

Eva Pay lets your AI agent generate payment links so your own customers can pay you. Payments made through these links are processed by Stripe. EvaAI is not a money transmitter and does not hold, take custody of, or control your funds; funds move between your customer and your connected Stripe account. Payouts are governed by Stripe's terms and the applicable Stripe account agreement.

8) Cancellation, Refunds, and Termination

The account owner may manage cancellation from the billing page. Cancellation is scheduled for the end of the current paid billing period, and you retain full access to the Services until that date. No partial refunds are issued for unused portions of a billing period.

For custom commercial agreements, cancellation must be requested through your EvaAI contact and becomes effective according to the notice, term, and effective-date provisions in the applicable agreement.

All fees are non-refundable except as required by applicable law, including Mexico's Ley Federal de Proteccion al Consumidor where applicable.

Changes to included capacity, add-ons, or commercial scope must be agreed with EvaAI and reflected in the customer's account-specific billing terms. Timing, proration, and effective dates are governed by those terms.

Upon cancellation, add-ons and related paid capacity end according to the customer's commercial agreement.

When a subscription terminally ends — at the end of the paid period following cancellation, or after payment retries are exhausted following a failed payment — the account is paused. While paused, the web widget is hidden and the AI agent is silenced across connected customer channels; you retain access to log in, manage billing, edit configuration, request a data export, and reactivate the account. The approximately 150-day retention period described under "Data After Cancellation" begins when the account is paused.

Data After Cancellation

After the account is paused, most data is held in a reversible state so the account can be reactivated. A dedicated voice or telephone number, if any, is released approximately 30 days after a voluntary cancellation, or approximately 60 days after a pause caused by non-payment; after release, reactivation is assigned a new number.

Approximately 150 days after the pause, if the account has not been reactivated, conversations, personal data, media, and knowledge-base content are permanently and irreversibly deleted and messaging channels are disconnected. Backups containing the deleted data are purged in the ordinary course of our backup rotation. Before deletion, we notify the account owner and offer the option to export the account's data or to reactivate.

Fiscal and billing records, including electronic invoices (CFDI), are retained for the period required by Mexican tax law (approximately five years), even after other data is deleted.

Our Right to Terminate

We may suspend or terminate your access if you violate these Terms, fail to pay fees, or engage in conduct that harms other users or the integrity of the Services. For material breaches, we will provide 30 days written notice and an opportunity to cure before termination, except for severe violations (fraud, illegal activity, or abuse) where immediate termination may be necessary.

9) AI-Specific Terms

AI outputs are generated by machine learning models and are not guaranteed to be accurate, complete, or current.

AI agents may generate content that is incorrect, misleading, or inappropriate for your specific use case.

You are solely responsible for configuring your AI agent's behavior, knowledge base, and response guidelines, and for reviewing its outputs.

EvaAI is not liable for any business decisions, customer interactions, or consequences arising from AI-generated content delivered through the Services.

You are responsible for ensuring that your AI agent's communications comply with all applicable laws and regulations.

EvaAI does not use your conversation data or business data to train AI models.

The underlying AI model providers may change. EvaAI does not guarantee the availability of any specific AI model or version.

10) Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Services will be uninterrupted, error-free, or secure.

11) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVAAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

Our total liability for any claims arising from these Terms or the Services shall not exceed the amount you paid us in the twelve months preceding the claim.

12) Indemnification

You agree to indemnify and hold harmless EvaAI, its affiliates, officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your content, your violation of these Terms, or your violation of any applicable laws or third-party rights.

13) Governing Law and Jurisdiction

These Terms are governed by the federal laws of the United Mexican States (Mexico).

Any disputes arising from or relating to these Terms shall be resolved exclusively in the competent courts of Leon, Guanajuato, Mexico.

The parties expressly waive any other jurisdiction that may correspond to them by reason of their present or future domiciles.

14) Changes to Terms

We may modify these Terms at any time. If changes are material, we will provide at least 30 days advance notice via email or in-product notification.

Continued use of the Services after changes take effect constitutes acceptance of the new Terms. If you do not agree with the changes, you may cancel your subscription before they take effect.

15) General Provisions

Force Majeure: Neither party shall be liable for delays or failures in performance resulting from circumstances beyond the reasonable control of such party, including but not limited to natural disasters, acts of war or terrorism, pandemics, labor disputes, government actions, power failures, internet or telecommunications outages, or failures of third-party services (including Meta, WhatsApp, or AI model providers). The affected party must provide prompt notice and use reasonable efforts to mitigate the impact.

Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. EvaAI may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets, provided the assignee agrees to be bound by these Terms.

Waiver: No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. A waiver of any right on one occasion will not be deemed a waiver of that right on any subsequent occasion.

Entire Agreement: These Terms, together with the Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and EvaAI regarding the Services and supersede all prior or contemporaneous agreements, proposals, or representations, whether written or oral.

Survival: The following provisions survive termination of these Terms: Intellectual Property, Payment (for accrued obligations), Cancellation (Data After Cancellation), AI-Specific Terms, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and this General Provisions section.

Dispute Resolution: Before initiating legal proceedings, the parties shall attempt to resolve any dispute through good-faith negotiation for a period of at least 30 calendar days following written notice of the dispute. If the dispute cannot be resolved through negotiation, it shall be submitted to the competent courts as specified in Section 13.

Export Compliance: You agree not to use the Services in violation of any applicable export control or trade sanctions laws, including those of Mexico and the United States.

16) Related Policies

The following policies are incorporated into these Terms by reference and form part of the agreement between you and EvaAI:

Privacy Policy (available at /legal/privacy)
Data Processing Agreement (available at /legal/dpa)

17) Contact Us

For questions or concerns, please reach out to us:

General inquiries and support: support@goeva.ai
Privacy and data protection: privacy@goeva.ai
Abuse reports: abuse@goeva.ai